Patna High CourtCR. MISC./52066/2015bail granted

Punam Devi v. The State Of Bihar

2015-12-01Mr. Justice Rakesh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52066 of 2015 Arising Out of PS.Case No. -149 Year- 2015 Thana -SONBERSA District- SAHARSA ====================================================== Punam Devi wife of Mani Paswan, resident of Village- Sukhashani, P.S. Uda Kisunganj, District- Madhepura, at present Police Control, O.P.- Kash Nagar, P.S. Sonbarsa Raj, District- Saharsa.

.... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Anant Kumar-1 For the Opposite Party/s : Mr. Rajendra Singh Shastrijee (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 01-12-2015 Heard Sri Anant Kumar no.1, learned counsel for the petitioner and Sri Rajendra Singh Shastrijee, learned Addl. Public Prosecutor.

The petitioner, who is a lady and in custody in Sonbarsa Raj ( Kash Nagar O.P.) P.S. Case no.149 of 2015 registered for the offence under Section 302/34 of the Indian Penal Code, has prayed for grant of bail.

It was submitted by learned counsel for the petitioner that from the F.I.R. itself, it is evident that in spur of moment the occurrence had taken place. There was dispute in between the two parties due to grazing crop, in which the father of the informant went to pacify the same. However, he was assaulted by the accused persons by fists and legs. Learned counsel for the

Patna High Court Cr.Misc. No.52066 of 2015 (2) dt.01-12-2015 2/2 petitioner submits that there is general and omnibus allegation. It was submitted that the petitioner is a lady and in absence of any specific accusation, the petitioner is entitled to bail. Learned Addl. Public Prosecutor has opposed the prayer for bail of the petitioner.

Keeping in view nature of accusation, particularly the fact that there is general and omnibus allegation as well as the fact that the petitioner is a lady, let the petitioner, namely, Punam Devi be enlarged on bail on furnishing bail bond of Rs.10,000/-( ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Saharsa in connection with Sonbarsa Raj ( Kash Nagar O.P.) P.S. Case no.149 of 2015.

(Rakesh Kumar, J) NKS/- U